United States v. One Pearl Necklace
District Court, S.D. New York
This was an information against a pearl necklace and other jewelry, to obtain forfeiture thereof. The alleged grounds of forfeiture were; (1) That said articles were smuggled into the United States in violation of section 3082 of the Revised Statutes; (2) that they were imported without having been declared to the collector, in violation of said section 3082; (3) that they were not declared to the collector, contrary to section 2802; (4) that they were unladen and' delivered…
Read the full summary
This was an information against a pearl necklace and other jewelry, to obtain forfeiture thereof. The alleged grounds of forfeiture were; (1) That said articles were smuggled into the United States in violation of section 3082 of the Revised Statutes; (2) that they were imported without having been declared to the collector, in violation of said section 3082; (3) that they were not declared to the collector, contrary to section 2802; (4) that they were unladen and' delivered without a permit, in violation of sections 2872 and 2874.' The goods were claimed by Mrs. Phyllis E. Dodge, who, in her…
1Opinion of the CourtBrown, District Judge
(orally). This subject bas been discussed in a very full manner, and in all its general bearings; but it seems to me that the disposal of this motion, having reference to the facts in this case alone, does not involve the subject as a whole, and that the decision of it might be gravely misunderstood.
In my judgment the proper determination of the really material and important questions in the case depends upon the intent and the motive of the passenger; whether there has been intentional concealment or not; whether there is an intention to introduce merchandise in the guise of baggage and to…
2Cited by3 opinions
- United States v. One Pearl NecklaceCourt of Appeals for the Second Circuit · 1901
- United States v. HartsDistrict Court, N.D. California · 1904
- Harts v. United StatesCourt of Appeals for the Ninth Circuit · 1905